Current through November 25, 2024
Section NR 673.09 - Definitions In this chapter:
(1g) "Ampule" means an airtight vial made of glass, plastic, metal, or any combination of these materials.(1r) "Battery" means a device consisting of one or more electrically connected electrochemical cells which is designed to receive, store and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode and an electrolyte, plus connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed.(2) "Destination facility" means a facility that treats, disposes of or recycles a particular category of universal waste, except those management activities described in ss. NR 673.13(1) and (3) and 673.33(1) and (3). A facility at which a particular category of universal waste is only accumulated, is not a destination facility for purposes of managing that category of universal waste.(3) "FIFRA" means the federal insecticide, fungicide and rodenticide act (7 USC 136 to 136y).(4) "Generator" means any person, by site, whose act or process produces hazardous waste identified or listed in ch. NR 661 or whose act first causes a hazardous waste to become subject to regulation.(5) "Lamp", also referred to as "universal waste lamp", means the bulb or tube portion of an electric lighting device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible and infrared regions of the electromagnetic spectrum. Examples of common universal waste electric lamps include, but are not limited to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium and metal halide lamps.(6) "Large quantity handler of universal waste" means a universal waste handler (as defined in this section) who accumulates 5,000 kilograms (11,025 pounds) or more total of universal waste (batteries, pesticides, mercury-containing equipment, or lamps, calculated collectively) at any time. This designation as a large quantity handler of universal waste is retained through the end of the calendar year in which 5,000 kilograms (11,025 pounds) or more total of universal waste is accumulated.(6m) "Mercury-containing equipment" means a device or part of a device (including thermostats, but excluding batteries and lamps) that contains elemental mercury integral to its function.(7) "On-site" means the same or geographically contiguous property which may be divided by public or private right-of-way, provided that the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along the right of way. Non-contiguous properties owned by the same person but connected by a right-of-way which that person controls and to which the public does not have access, are also considered on-site property.(8) "Pesticide" means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest, or intended for use as a plant regulator, defoliant or desiccant, other than any article that is one of the following: (a) A new animal drug under 21 USC 321(v).(b) An animal drug that has been determined by regulation of the secretary of the U.S. department of health and human services not to be a new animal drug.(c) An animal feed under 21 USC 321(w) that bears or contains any substances described by par. (a) or (b). Note: Title 21 USC 301 to 397 is also known as the federal food, drug and cosmetic act (FFDCA).
(9) "Small quantity handler of universal waste" means a universal waste handler (as defined in this section) who does not accumulate 5,000 kilograms (11,025 pounds) or more total of universal waste (batteries, pesticides, mercury-containing equipment, or lamps, calculated collectively) at any time.(10) "Thermostat" means a temperature control device that contains metallic mercury in an ampule attached to a bimetal sensing element, and mercury-containing ampules that have been removed from these temperature control devices in compliance with the requirements of s. NR 673.13(3) (b) or 673.33(3) (b).(11) "Universal waste" means any of the following hazardous wastes that are subject to the universal waste requirements of this chapter:(a) Batteries as described in s. NR 673.02.(b) Pesticides as described in s. NR 673.03.(c) Mercury-containing equipment as described in s. NR 673.04.(d) Lamps as described in s. NR 673.05.(12) "Universal waste handler": (a) Means any of the following: 1. A generator (as defined in this section) of universal waste.2. The owner or operator of a facility, including all contiguous property, that receives universal waste from other universal waste handlers, accumulates universal waste and sends universal waste to another universal waste handler, a destination facility or a foreign destination.(b) Does not mean any of the following: 1. A person who treats (except under s. NR 673.13(1) or (3), or 673.33(1) or (3)), disposes of or recycles universal waste.2. A person engaged in the off-site transportation of universal waste by air, rail, highway or water, including a universal waste transfer facility.(13) "Universal waste transfer facility" means any transportation-related facility including loading docks, parking areas, storage areas and other similar areas where shipments of universal waste are held during the normal course of transportation for 10 days or less.(14) "Universal waste transporter" means a person engaged in the off-site transportation of universal waste by air, rail, highway or water.Wis. Admin. Code Department of Natural Resources NR 673.09
CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.Amended by, CR 16-007: renum. (1) to (1r), cr. (1g), am. (6), cr. (6m), am. (9), (11), (c) Register July 2017 No. 739, eff.8/1/2017